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Amalgamated Tr. v. N.Y

Appellate Division of the Supreme Court of New York, Second Department
Nov 27, 2007
45 A.D.3d 790 (N.Y. App. Div. 2007)

Opinion

No. 2006-08123.

November 27, 2007.

In two related actions, inter alia, for specific performance of a contract dated August 8, 1975, the defendant Metropolitan Transportation Authority appeals from so much of an order of the Supreme Court, Queens County (Hart, J.) entered August 9, 2006, as denied its motion pursuant to CPLR 3211 (a) to dismiss the complaint insofar as asserted against it in action No. 2.

Proskauer Rose, LLP, New York, N.Y. (Aaron J. Schindel, Michael J. Lebowich, and Dylan S. Pollack of counsel), for appellant.

Kennedy Jennek Murray, P.C., New York, N.Y. (Susan M. Jennik and Bernhard Rohrbacher of counsel), for respondents.

Before: Schmidt, J.P., Rivera, Florio and Balkin, JJ., concur.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendant Metropolitan Transportation Authority to dismiss the complaint insofar as asserted against it in action No. 2 is granted.

The plaintiffs have failed to state a cause of action against the defendant Metropolitan Transportation Authority (hereinafter the MTA) for specific performance of a contract dated August 8, 1975. Accordingly, the Supreme Court should have granted that branch of the MTA's motion which was pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against it in action No. 2 ( see Amalgamated Transit Union Local 1181, AFLCIO v City of New York, 45 AD3d 788 [2007] [decided herewith]).

The parties' remaining contentions either are without merit or need not be reached in light of our determination.


Summaries of

Amalgamated Tr. v. N.Y

Appellate Division of the Supreme Court of New York, Second Department
Nov 27, 2007
45 A.D.3d 790 (N.Y. App. Div. 2007)
Case details for

Amalgamated Tr. v. N.Y

Case Details

Full title:AMALGAMATED TRANSIT UNION LOCAL 1181, AFL-CIO et al., Respondents, v. CITY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 27, 2007

Citations

45 A.D.3d 790 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 9350
845 N.Y.S.2d 750